The President’s statement to join the CU will be appealed at the Court of Appeals
06:01, December 9, 2013 | News, Other news | Right to liberty and securityChairman of Helsinki Citizens’ Assembly Vanadzor Artur Sakunts is going to appeal the decision about not taking the claim on recognizing the statement of Serzh Sargsyan issued on September 3 into proceedings.
On November 27 the Administrative Court did not take the claim of Helsinki Citizens’ Assembly Vanadzor submitted on November 26 into proceedings. By refusing to take the claim into proceedings the Administrative Court brought in extended counterarguments against the allegations mentioned in the claim.
The statement of Armenia’s president issued on September 3 in Kreml during the meeting with Russia’s president regarding accession to the Customs Union, according to the claim, “was not based on the principles of a sovereign, democratic state”.
The claimant cited a definition from the 2010 edition of the RA Constitution explanation, pursuant to which, the Republic of Armenia, being a legal state, shall be endowed with significant features: public sovereignty.
With detailed statement on refusal to take the claim into proceedings in his decision Judge of Administrative Court Karen Avetisyan actually attempted to prove that Serzh Sargsyan was entitled to issue a statement on accession to the Customs Union.
In his decision the Judge wrote, “The president’s actions were outside the scopes of oversight of the Administrative Court”.
“The claim, whereby, the actions of the president of the Republic of Armenia are being disputed, is not subject for trial in the court”, read the court’s decision. Such a phrasing took Artur Sakunts by surprise.
“This is definitely an issue of constitutionality and perhaps we will take it to the Constitutional Court, but on the other hand, based on the principles of conscientious management regarding which the European Council has defined its approaches, it will also become an issue of dispute in the European Court”, noted Artur Sakunts.
Source: http://www.azatutyun.am/content/article/25192298.html